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Retailer removed our logo and branding from our product's packaging. Is there any legal action I can take?
Daniel's answer
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Answered on November 15, 2014
You've described precisely the tort of "reverse passing off." That is a trademark wrong that your own NY-licensed intellectual property litigator...
Archived
Is licensing (or some equivalent therein) always required when using others' patents within your own?
Daniel's answer
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Answered on November 15, 2014
My colleagues have already provided you with very good information. To summarize, and add a bit:
Patentability: An inventor is entitled to a...
Distinguishability of conjunction words within trademarks. (and, &, 'n, etc.)
Daniel's answer
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Answered on November 15, 2014
The scope of trademark rights in a mark that contains a conjunction will almost always cover all the variations of that conjunction.
Assuming...
Archived
Can i repack branded auto detailing products (polishes, cleaners…etc) in my company name and use them for my clients?
Daniel's answer
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Answered on November 15, 2014
I think your plan is to:
(1) buy various products,
(2) remove each product from its container,
(3) put each product in a container that...
Archived
Could I be found guilty of breaking any copyright laws and/or other laws? How can I protect myself from lawsuits?
Daniel's answer
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Answered on November 15, 2014
Sometimes conduct is so wrongful that the law has many different ways of labeling the wrong and providing a remedy to the person who's harmed....
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How do you tell if a melody you write is original or if you're infringing on someone else's copyright?
Daniel's answer
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Answered on November 14, 2014
My colleagues have all very ably answered your questions. You should visit the website linked-to below and listen to a number of the songs involved...
Archived
A newly formed company recently trademarked their logo and is forcing me to change my pre-existing logo.
Daniel's answer
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Answered on November 14, 2014
So ... a company operating a "web service" branded their service with a logo, you created software related to that web service and branded it with...
Archived
BOUGHT A DESIGNER LOOK ALIKE DRESS FROM CHINA.
Daniel's answer
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Answered on November 14, 2014
If we assume the design on the dress' fabric is copyrighted in the United States and its owner did not authorize the Chinese dress manufacturer to...
Archived
I have come up with fantastic invention that would be so beneficial to so many. However, being inexperienced I need guidance
Daniel's answer
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Answered on November 14, 2014
You need to do your own research on how to convert your product idea into a profit-making product because only you know your particular plans,...
Archived
I received a DMCA notice for copyright infringement 5 months ago. Am I at risk of being criminally prosecuted?
Daniel's answer
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Answered on November 14, 2014
To my knowledge [and I follow these things closely] there has NEVER been a criminal prosecution against an individual for downloading one copy of...
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